Austin Medical Malpractice Lawyers

Common Forms of Medical Malpractice

Medical malpractice can occur in many forms, some more obvious than others. 

Some of the most common forms include:

• Birth Injury: Birth injuries can occur due to medical negligence during pregnancy, labor, or delivery. Common examples include cerebral palsy, Erb's palsy, and other conditions resulting from medical errors during childbirth.
• Failure to Diagnose Cancer or Another Serious Disease: When a healthcare provider fails to timely and accurately diagnose a serious disease, such as cancer, it can lead to delayed treatment and worsened outcomes. Early detection is crucial for successful treatment.
• Misdiagnosis of a Serious Disease: Sometimes, healthcare professionals misdiagnose a patient's condition, leading to the wrong course of treatment or delayed care. Misdiagnosis can be life-threatening, particularly in cases of serious diseases like heart attacks or strokes.
• Wrongful Amputation: Amputation of a limb is a significant and life-altering procedure. If it's performed due to medical error, such as a misdiagnosis of gangrene, or without proper consent and medical justification, it can be grounds for a medical malpractice claim.
• Prescription Drug Mistakes: Medication errors can include prescribing the wrong medication, incorrect dosage, or not considering a patient's allergies or other medications. These errors can lead to serious health complications or even death.
• Unwarranted Testing of Experimental Drugs on Patients: Healthcare providers have an ethical and legal obligation to obtain informed consent before testing experimental drugs or treatments on patients. Administering such treatments without consent or against a patient's wishes can be considered medical malpractice.
• Inadequate or Unethical Treatment: Inadequate or unethical treatment can encompass a wide range of issues, such as neglecting a patient's needs, using outdated or inappropriate treatment methods, or engaging in harmful practices like unnecessary surgeries or unauthorized sterilizations.
• Surgical Errors: Surgical malpractice can include mistakes during surgery, such as performing the wrong procedure, leaving surgical instruments inside the patient, or damaging organs or tissues during the operation.
• Anesthesia Errors: Errors related to anesthesia can be life-threatening. They may include administering too much or too little anesthesia, failing to monitor a patient properly during surgery, or not considering a patient's medical history and allergies.
• Hospital Negligence: Hospitals can be held responsible for malpractice, such as inadequate staffing, unsanitary conditions, and failure to maintain proper safety protocols that lead to patient harm.
• Emergency Room Errors: Mistakes can happen in the fast-paced environment of the emergency room, which may lead to rushed or suboptimal care, potentially putting patients at risk.

If you or a loved one has suffered from birth injury, cerebral palsy, or another serious injury as a result of medical negligence, our attorneys can help you determine whether you may be eligible to bring a claim against the negligent party.

Frequently Asked Questions

How Much Does It Cost to Hire a Medical Malpractice Attorney?

Medical malpractice cases are different from other lawsuits. Rather than a typical retainer payment arrangement between lawyer and client, medical malpractice attorneys work on a contingency fee basis. This means that there is no up-front cost to you. We advance the cost of the lawsuit. If we win the case or negotiate a settlement, our fee is a percentage of the recovery we get for you. We also take out any costs that we advanced in the prosecution of your lawsuit. However, you pay nothing if we don’t recover for you.

What Is the Average Settlement for Medical Malpractice Lawsuits?

Medical malpractice lawsuit settlements vary greatly, depending on the circumstances. The settlement amount is determined through negotiations between the plaintiff and defendant(s) (through their attorneys) and is based on economic losses caused by the plaintiff’s injuries, plus any agreed compensation for non-economic damages, which includes things like emotional pain and suffering, mental anguish, impairment, and disfigurement.

Common types of damages available in a Texas medical malpractice lawsuit include:

• Compensatory Damages: These are intended to compensate you for the specific losses and expenses you incurred due to the malpractice. They can be further divided into two categories:
• Special Damages: Special damages are quantifiable economic losses that have a specific dollar value. This includes medical expenses, lost wages, and out-of-pocket costs related to the malpractice.
• General Damages: General damages are non-economic losses that are more challenging to quantify but are equally important. They include pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms.
• Punitive Damages: In rare cases, punitive damages may be awarded if the healthcare provider's conduct is deemed to be particularly egregious or intentionally harmful. The primary purpose of punitive damages is to punish the defendant and deter similar behavior in the future.
• ​​Future Damages: If the malpractice results in long-term or permanent injuries, you may be entitled to compensation for future medical expenses, ongoing treatment, and future lost wages or reduced earning capacity.
• Wrongful Death Damages: If medical malpractice leads to the death of the patient, certain family members may be entitled to compensation for the loss of their loved one. Wrongful death damages may include funeral expenses, loss of financial support, and loss of companionship and emotional support.

It is important to note that many states have caps on the amount of non-economic damages in medical malpractice cases. 

In Texas, non-economic damages in medical malpractice cases are capped by law, as follows:

• $250,000 for all doctors or health care providers other than a health care institution (like a hospital)
• $250,000 against a single health care institution
• $250,000 for each additional health care institution

It is very rare for cases to involve more than one health care institution. Most of the time, the non-economic damage cap in a given medical malpractice case is either $250,000 or $500,000 total.

What Is the Difference Between Medical Malpractice & Medical Negligence?

Medical malpractice and medical negligence are both legal concepts related to errors or mistakes made by healthcare professionals, but they have distinct differences.

Medical negligence refers to a failure on the part of a healthcare provider to provide the standard of care that a reasonably competent medical professional would have provided under similar circumstances. It involves unintentional acts or omissions that result in harm to the patient. Negligence can occur due to various factors such as misdiagnosis, improper treatment, or lack of communication.

On the other hand, medical malpractice is a specific type of negligence that involves a breach of the duty of care owed by a healthcare provider to a patient, resulting in injury or harm. Unlike negligence, medical malpractice typically involves a violation of professional standards or protocols. This breach of duty can occur through errors in diagnosis, treatment, surgical procedures, or failure to obtain informed consent.